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Thursday, June 06, 2013
Land beyond use to be considered state property: CJP* Justice Iftikhar says this concept of ownership of land is Islamic
ISLAMABAD: Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry on Wednesday said that the land beyond use will be considered property of the state, saying that this concept of ownership of land is an Islamic concept.
The chief justice gave these remarks while presiding over a nine-member larger bench of the Supreme Court hearing the land reforms case. Justice Iftikhar remarked, “Land beyond use will be considered land owned by state. Thousands of acres land in Balochistan is held by absentee landowners. It is not being cultivated despite availability of water. In order to save the lands, they were transferred in the names of such persons who were not born yet.”
Meanwhile, Advocate Abid Hassan argued, “Wafaqi Shariat Court had already declared the confiscation of land by state against the shariah in land reforms case.” He added that there are several laws in force in the country which are repugnant to shariah but they have been accepted. The chief justice remarked, “In certain constituencies political parties and notables signed the agreements that no woman will cast her vote in these constituencies. In order to save property, it was transferred on false and baseless deeds to such persons who were not born yet. You can resort to parliament that it should legislate to set the limits of land.”
Justice Asif Saeed Khosa observed, “1973 constitution was beautiful confluence of Islam and democracy but the act of investing powers to Federal Shariat Court gave rise to such disturbance that it has not been corrected so far.” The CJP remarked the decision in this case will have repercussions on common man and said that land reforms should lead to change in the economic and social life of the people.
The Law Ministry filed its reply in the court which stated that the Supreme Court is authorised to review the matter of land reforms. It said that parliament can determine the limit of land for an individual under Article 253. If the state confiscates land of any person and this act is not in conflict with Islamic laws then no fundamental constitutional right will be affected and it will not be declared an infringement on fundamental right. Justice Ejaz Chaudhry remarked, “In certain cases courts have maintained that extra land will be deemed to have been confiscated by state.”
The chief justice observed that the “high court has also said in its decisions that land beyond use will be considered property of state. This concept of ownership of land is Islamic concept. However, Abid Hassan Manto contended the “federal shariat court abolished the Islamic concept of ownership of land in Qazalbash case that whosoever cultivates the land should be owner of the land. This principle can lead to end of feudal system and bring about prosperity on economic front. The chief justice noted that thousands of acres land is held by absentee landowners in Balochistan which is not cultivated despite availability of water. “This is a matter of human concern and we will issue orders on it,” he observed. The court directed the attorney general (AG) to seek the stance the federal government and present it before the court. The court told Abid Hassan Manto that besides assisting the court on legal and constitutional points he should inform it if it will be necessary to issue notice by the court or otherwise to the respondents who were made party in Wafaqi Shariat Court. The hearing of the case was adjourned till today (Thursday). online
Courtesy www.dailytimes.com.pk